MacMunn v. Eli Lilly & Co.
559 F. Supp. 2d 58 · District Court, District of Columbia · 2008
Facts
Judith MacMunn alleges her mother ingested Diethylstilbestrol (DES) in Massachusetts in 1962, causing her uterine and cervical malformations. She and her husband sued Eli Lilly & Co. in D.C. for negligence and strict liability, seeking $6 million. Eli Lilly moved to transfer the case to the District of Massachusetts, arguing that the case's ties are overwhelmingly focused there.
Issue
Should the District Court for the District of Columbia grant the defendant's motion to transfer this products liability case to the District of Massachusetts under 28 U.S.C. § 1404(a) for convenience and in the interest of justice?
Holding
Yes, the court granted the defendant's motion to transfer the case to the District of Massachusetts. The court found that both private and public interest factors strongly favored transfer, despite the plaintiff's choice of forum.
Rule
Under 28 U.S.C. § 1404(a), a court may transfer a civil action to any other district where it could have been brought for the convenience of parties and witnesses, in the interest of justice, by weighing specific private and public interest factors.
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